The UN initiative should be based on the principles and standreds of the international law and on the willingness of the people of South Arabia(former PDRY) in order to seek an effective and peaceful approach for conflict prevention, post-conflict peace-building, to meet the aspirations of the people of the towards restoring their independent state, maintaining stability and resuming their efforts towards regional and international partnership and sustainable development.
In line with these principles and with respect of “jus cogens”, the UN Security Council to go further altogether with President Albidh and with government of Yemen in considering the situation as it is on the ground and to be resulted with a real initiative for resolving the Crises based on the following arguments and facts:
In its Declaration and Programme of Action, the Vienna world conference in 1993 reaffirmed the solemn commitment of all States to fulfil their obligations in the promotion of all human rights, for all, in accordance with the Charter of the United Nations, international law and other international human rights instruments. Moreover, it reaffirmed the United Nation's commitment to respect international law and International human rights instruments, and to prevent conflict with a peremptory norm of International Law and to respect the International Human Rights Instruments which includes the right to self-determination - accepted and recognised by the international community of states as a norm from which no derogation is permitted.
Consider the impact of the breach of international law in the case of Yemen Arab Republic (YAR) and the Democratic Republic of Yemen (PDRY) as an example of the risks associated with neglecting the peremptory norms of international law, especially after these two former UN member States in the south Arabian Peninsula, namely the YAR and the DRY were both internationally recognised and there was mutual recognition.
Due to the breaching “jus cogens” by the Yemen Arab Republic and its failing to deliver the agreed transitional period as required in the two state parties agreement, followed by declaration of the war against the South. the unification agreement in 1990 was replaced with occupation over the South by the YAR.
In accordance with Article 60 of the 1969 Convention, which stated: " 1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty...", President Ali Salem Albidh invoked the violation of the Agreement in 1994 and announced the re-establishment of the Democratic Republic of Yemen (DRY)on 21 May 1994.
In support of the invocation and the re-establishment of the DRY, the meeting of the Foreign Ministers of the six states of the Gulf Co-operation Council (GCC) in June 1994 stated “….the Council welcomes Yemeni Unification if it is made based upon the agreement of the two independent states: the Democratic Republic of Yemen and the Yemen Arab Republic. Accordingly, the unification shall not continue unless there is agreement between the two parties. However upon the declaration of one party to return to its previous situation to establish a Democratic Republic of Yemen…”.
The Secretary General of the Arab league declared that there should not be unification by force and the war should be stopped immediately.
The Security Council Resolution 924 and 931 of 1994 reminded the two state parties: “…their political differences cannot be resolved through the use of force and urges them to return immediately to negotiations which will permit a peaceful resolution of their differences and a restoration of peace and stability.” It decided to: “remain actively seized of the matter”.
The failure of the UN, particularly the Security Council, the General Secretary, the Human Rights Council and the High Commissioner for Human Rights in meeting their performance resulted in the deterioration of the human rights situation and left the door open for violations. Since 1994, the people of the South Arabia were subjected to gross human rights violations which caused severe damages to Southerners, such acts can be categorized discrimination and segregation and in some cases could be considered as a crimes against humanity which led to the creation of the Peaceful Southern Movement (Hirak) in 2007 using innovative political means in its peaceful struggle towards restoring its independent State
Since 2007 the Southern people’s distress has resulted in the daily organisation of peaceful demonstrations which multiplied and culminated into millions of peaceful protests, the last of which took place in Aden, and other Southern governorates, in which the last was on 27 April 2013 and the forthcoming are again in millions of peaceful demonstrators on the occasion of the declaration of 21 May 1994, the day of the declaration of the re-establishment of the Democratic Republic of Yemen (DRY)on 21 May 1994.
During January 2013 a poll took place. Some 20,000 people voted in the South: 90.5% for the restoration of the Southern state, 6.24% for unity and 3.25% for a federal arrangement.
The indicators on the ground said that, the ignorance of the UN Security Council violation towards peremptory norm of general international law, and international human rights instruments, and towards millions of Southern protestors, has led to frustration and despair in the local populace, and could turn to the escalation of tension which could threat the stability and peace not only in the region but internationally.
Due to the security importance for the whole world in the geo-strategic location of the South located on the Mandab Strait, as an important route for international shipping lines, with estimated daily oil traffic of four million barrels per day, where in the middle of the last century, this location enabled Aden to be the third top busiest port in the world, the UN Security Council should take over their responsibility to pave the way for peace and security in this region avoid the imminent catastrophe which could threat the peace, security and stability not only in the region, but internationally.
Adopting initiative in which promote peremptory norms of general international law, International Humanitarian law and other International Human Rights Instruments based on the above-mentioned principles, values and facts is the key role in opening the door widely for promoting human rights, conflict prevention, post conflict and peace building, eradicating terrorism, and achieving sustainable development, and enabling the two neighbouring states to work side by side in mutual cooperation within the frame work of GCC, and with the international community.
The required initiative on South Arabia will open the door for creating successful regional and international economic arrangements through the establishment of a new geopolitical reality and leading to foster peace security and stability in the region, promote human rights and maintain sustainable development by adopting the following proposal:
Given the foregoing, we recommend that, the Security Council should deliver its responsibility to resolve the crisis by adopting an initiative with the following proposals:
Urging the Security Council and the UN Secretary General, to a set up a framework with a timescale for resuming the negotiation program between the representatives of the two former states which begun in Geneva in July 1994 under the supervision and the presence of the representative of the UN Secretary General.
Urging the GCC to set up a working group to deliver agreed geopolitical arrangements with a view to admitting the two states into the membership of the GCC following the dissolution between the two states to ensure regional and international economic arrangements through the establishment of a new geopolitical reality which could lead to foster peace security and stability in the region, promote human rights and maintain sustainable development.
Failed negotiations should lead to referendum as the only option to respect of the will of the people of South Arabia and to respect their rights to self determination.
Thus, It is tiame for the regional and international Community to effectively participate in the implementation of the principles of international human rights and humanitarian law, insuring conflict prevention and post-conflict peacebuilding, opening the door for the two newly states to recuperate and work together within the framework of the GCC, and promoting regional and international cooperation with a successful mutual interests with the whole world.